Rick Perry Smelling the Roses

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Ham Sandwich Indictments Perry has moved up considerably in my election calculus

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... two judges appointed by Clinton,

Healthcare overhaul fight in pivotal Atlanta court

“ The latest round in the fight over President Barack Obama's health care overhaul was held Wednesday in the federal appeals court in Atlanta. A three-judge panel of the 11th Circuit Court of Appeals heard oral arguments on whether to reverse a Florida judge's ruling that struck down the law. The judges seemed receptive to arguments from critics challenging the health reforms as unconstitutional during the three-hour hearing. ” But Wait

“ It unfolded in what's considered one of the nation's most conservative appeals courts. But the randomly selected panel includes two appointees of Democratic President Bill Clinton, and observers say it's hard to predict how they'll decide. The Clinton appointees are circuit Judges Frank Hull and Stanley Marcus, while Chief Judge Joel Dubina was tapped by President George H.W. Bush ” Hard to predict? I would love to be pleasantly surprised, but I won't hold my breath.  If this panel upholds the Florida decision, I believe it will be the first court that didn't decide an Obamacare challenge on party lines (Democrat v. American).

>Blood Car! Ryan Levin! Deluxe!

Blood Car! Ryan Levin! Deluxe!

Ryan LeVin, scion of a wealthy Chicago-area family, was driving his his $120,000 Porsche 911 Turbo in Fort Lauderdale, FL when it jumped a sidewalk in  and killed British businessmen as they walked to their beachside hotel Feb. 13, 2009. LeVin fled the scene., and later denied driving the speeding car and pinned the blame on a friend. At the time of the crash, LeVin was on probation in Illinois for a 2006 case in which he had driven into a Chicago police officer and instigated a chase on the Kennedy Expressway. Court records show LeVin has more than 50 traffic violations and a long history of drug abuse. LeVin's sentencing guidelines called for up to 45 years behind bars. Instead. Ryan LeVin will spend two years under house arrest in his parents' oceanside condominium. In return he mommy and daddy will pay an undisclosed amount to his victim's families. Ain't that sweet? Nice parenting, wot. This sentence was so predictably outrageous, to just about everyone, that I'm not sure Ryan money alone could have pulled it off. Chicago? I think if one were to dig around, a  political component could be found.  I'm just saying.

Stirring the pot here boss

A fine kettle!

Is it justice when you can guess the outcome?

This highlights the sorry-ass condition our justice system is in.  Last week when I read  Federal Judge George Steeh Rejects Challenge To Key Elements Of Health Care Law, I immediately and correctly guessed "Carter or Clinton" (it was Clinton who appointed him).  Yesterday, U.S. District Judge Roger Vinson allowed challenges in 20 states to go forward. Guessed Reagan or Bush?  Reagan.  The Clinton judge used this reasoning in rejecting the challenge: The Commerce Clause allows congress to regulate the act of not engaging in economic activity?  Arguing that a person can not guarantee that he or she won't do something? The Reagan judge states: "In this order, I have not attempted to determine whether the line between constitutional and extraconstitutional government has been crossed," Vinson, of the U.S. District Court for the Northern District of Florida, wrote in his ruling.I am only saying that ... the plaintiffs have at least stated a plausible claim that the line has been crossed." You tell me who the asshat is here.  And it's predictable. Democrats have successfully politicized the federal courts, just as they have most state courts.  I can think of but two remedies. Well, three, but one is unthinkable in the USA.

Erik's jury duty

So Erik, I hear you've been called for Jury Duty

Hardcrab

6 questions for Cha Cha

Questions for Sotomayor

Other than, "This is a joke, right?"

Neomi Rao stipulates that Cha Cha Sotomayor, like those before her, will refuse to answer confirmation hearing questions that go directly to "hot button" topics like abortion, gay marriage, the rights of terrorist detainees.  However, writes Rao, the nominee ought be made to answer questions that reveal her judicial philosophy. Like these. “ - Do you believe that judges should use "empathy" to decide cases? If so, what's the difference between empathy and judicial activism? - Do you believe that interpretations of the Constitution should evolve to keep up with the times? If so, how would you decide when the Constitution needs updating? - What is the court's role when interpreting ambiguous laws? The confirmation process often focuses on constitutional questions that never get directly answered, but a great deal of law is made (and unmade) when the court interprets statutes. Statutes, not the Constitution, regulate financial markets, the environment, our workplaces, and many forms of private discrimination. So it matters how they are interpreted. - Should Supreme Court justices be bound by precedent? All justices sometimes overrule previous decisions. So when is it appropriate to do so? - What matters most, the law or the result? Or put another way, when the law requires a result that you don't like, what do you do? ” I would add - -Do you believe foreign court decisions should be considered when reaching a decision on American law?  If so, what would keep you from ceding our sovereignty to a World Court on which you had a seat? This goes to question 2, but some justices, notably the ACLU's representative on the court, Ginsburg, have championed just such a position. Disclosure: I think these questions must be asked, and made to answer by a responsible Senate Judiciary, but I have zero expectation of them acting responsibly, or that the system can at this juncture be fixed without certain unfortunate hostilities. But that's just me. I'm fair and balanced.

So Civilized

Operation Video Retrieve: "So Civilized"

I used the American mindset portrayed in the film "Lonesome Dove," in juxtaposition to this nation of suicidal sob-sisters we are become.

Are we insane?

The Ballad of Ralph Baze

Aw Shucks - I'm not smart, yur  just stoopid, Judge.

RALPH BAZE .... Another prisoner in Alabama used "Baze" to delay his own execution.  "Siebert's lawyers had argued that the drug combination used for lethal injection might interact with his medication for pancreatic cancer and hepatitis C and cause undue pain."

Padilla and OJ

OJ Jurors, Inc.

SHEESH In the tradition of OJ, Dirty Bomber Jose Padilla's jury will be peppered with the ignorant, the stupid, and the radical. “ A significant number of potential jurors in the Jose Padilla terrorism support case say they aren't sure who is responsible for the Sept. 11, 2001 terror attacks, many because they don't trust the news media or U.S. government pronouncements. "There are too many ifs, too many things going on," one male juror said. "I don't know the whole story." Others say they just don't pay close enough attention to world events to be certain. "I'm oblivious to that stuff," one prospective female juror said during questioning this week. "I don't watch the news much. I try to avoid it." Power of Media: Many Potential Padilla Jurors Unsure Who Caused 9-11 ” Padilla's attorneys are weeding out potential jurors with strong ideas about who was responsible for 9-11.  God forgive me, but I'm not sure large portions of our population are worth defending from terrorists who want to kill them.  Here's more insanity.  The police who fired rubber bullets at May Day rioters  in MacArthur park are being scrutinized for violating civil rights of  illegal-freaking-alien rioters .  If you were born after 1970, whatever your thoughts are about any of today's nonsense will mirror exactly the mood of the nation during that Vietnam era of craziness.  It will help you understand why so many people thought the Ohio National Guard not only acted correctly at Kent State, but want more of it.